This
appeal involves a granted motion for summary judgment on the
lack of coverage provided by an uninsured/underinsured
Motorist (UM) policy. The plaintiff contends that the policy
provides coverage to him because he fits the definition of an
insured under the policy. The insurance provider argues that
La.R.S. 22:1295(1)(e) dictates that the policy provides no
coverage to the plaintiff. The trial court granted the
insurance provider's motion for summary judgment.

The
plaintiff raises three assignments of error. We find merit in
the argument that the vehicle in the accident is a temporary
substitute vehicle, and, as such, the plaintiff is an insured
for the purposes of adjudicating this summary judgment
motion. This finding pretermits the remaining assignment of
error. Thus, we reverse the trial court's judgment and
remand the case for further proceedings.

FACTS
AND PROCEDURAL HISTORY:

Gerald
Arceneaux (Arceneaux) owns Gerald's Towing and Used Cars,
Inc. (Gerald's Towing). Axis Plus Insurance Company sold
Gerald's Towing a "Garage Coverage" policy that
included UM coverage. The policy was in effect on November
26, 2014. On that date, Arceneaux was involved in a motor
vehicle accident while driving his 2012 Ford F250 home from
work at Gerald's Towing. Arceneaux's affidavit states
that he was "on call" at the time of the accident
and the Ford F250 was equipped with roadservice tools and
equipment for any road side service request made to
Gerald's Towing. It further stated that his Ford F250 was
being used at the time of the accident because the Ford F450
Wrecker owned by Gerald's Towing was in need of repairs.
Otherwise, the Ford F450 would be the truck used for any
roadside service request made to Gerald's Towing.

Arceneaux
filed an amended petition adding Axis as a defendant and
alleging UM coverage. Thereafter, Axis filed a motion for
summary judgment on the basis that its policy does not
provide UM coverage for Arceneaux's claims.

After a
hearing on the motion, the trial court granted Axis'
motion for summary judgment and dismissed Arceneaux's
claim against Axis. Arceneaux appeals and asserts four
assignments of error.

ASSIGNMENTS
OF ERROR:

1. The Trial Court Erred in Ruling that the Ford F250 Was
Being "Regularly" and/or Permanently Used by
Gerald's Towing and Used Cars, Inc.; and Therefore Was
Not a Temporary Substitute ...

Our website includes the first part of the main text of the court's opinion.
To read the entire case, you must purchase the decision for download. With purchase,
you also receive any available docket numbers, case citations or footnotes, dissents
and concurrences that accompany the decision.
Docket numbers and/or citations allow you to research a case further or to use a case in a
legal proceeding. Footnotes (if any) include details of the court's decision. If the document contains a simple affirmation or denial without discussion,
there may not be additional text.

Buy This Entire Record For
$7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.